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Recap 04/22/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 22, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 1 April 22, 2003 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE o A. Pastor Andrew Delong, Tree of Life Church AGENDA AND MINUTES e Ae Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes-5/0 Bo March 19, 2003 - Special Meeting Approved as presented-5/0 Ce March 19, 2003 - Community Redevelopment Agency Meeting Approved as presented-5/0 March 25, 2003 - Regular Meeting Approved as presented-5/0 Ee April 2, 2003 - District 5 Town Hall Meeting Approved as presented-5/0 Em April 4, 2003 - Workforce Housing Workshop Approved as presented-5/0 SERVICE AWARDS Presented 2 April 22, 2003 4e A. TwenW-Year Attendees: 1) Barbara Pedone, Communication and Customer Relations 2) Glenn Price, Parks and Recreation B. Twentw-Five Year Attendee: 1) Howard McFee, Community Development Services PROCLAMATIONS Ae Proclamation to proclaim the week of May 4 to May 10th for Be Kind to Animals Week. To be accepted by Jodi Walters, Director, Domestic Animal Services. Adopted-5/0 Be Proclamation to designate April 25 and April 26, 2003 as Collier County Government Days. To be accepted by Barbara Pedone, Communications and Customer Relations Administrative Assistant. Adopted-5/0 Ce Proclamation to designate the Month of May as Elder Law Month. To be accepted by Jill Burzynski, Collier County Bar Association President and an Elder Care Law Practitioner. Adopted-5/0 Proclamation to recognize the month of May as Civility Month. To be accepted by Collier County Attorney, David Weigel. Adopted-5/0 Ee Proclamation to designate May 2003 as Florida State Parks Month. To be accepted by Joe Howard from Collier-Seminole State Park, Greg Toppin from Fakahatchee Strand Preserve State Park and Robert Sieiger from Delnor-Wiggins Pass State Park. Adopted-5/0 F® Proclamation to designate the week of April 20-26, 2003 as Rotary International Group Study Exchange Week. To be accepted by Leslie Cleaver, Rotarian Team Leader. 3 April 22, 2003 Adopted-5/0 PRESENTATIONS Ae Recommendation to recognize Connie Staples, Accounting Technician, Utilities Finance Department, as Employee of the Month for April 2003. Recognized Continued to May 13, 2003 B. Presentation by Fire Chief Donald R. Peterson, regarding the installation of speed bumps, calming devices and pre-entry treatments on roads. Ce An oral report to the Board of County Commissioners on the results of an employee "Ethics Audit". (Jean Merdtt, Interim Director, Human Resources) Continued until Dr. Leonard Firenz of International College can be present- Approved-5/0 6. PUBLIC PETITIONS e Ae Be Public petition request by Mr. Gerald Bums to discuss excluding Kensington from the Livingston Road Beautification Phase II MSTU. Staff directed to bring back on a future agenda-Approved-5/0 Public petition request by Mr. Bryan Banks to discuss gun range located east of CR951 and north of Rattlesnake Hammock Road. Meeting to be held with Sports Park people and neighbors-(Consensus) BOARD OF ZONING APPEALS Ae This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. VA-2003-AR-3658, Beau Keene, P.E., of Keene Engineering, representing Maria Martinez, owner, requesting a 3.3 foot after-the-fact front yard setback variance from the required 15 feet leaving a 11.7 foot front yard for residential property located in the "E" estates zoning district, the property to be considered for the variance is located at 811 Everglades Boulevard at the northwest intersection of 8th Avenue NE and Everglades Boulevard north, in Section 6, Township 49 S, Range 28 E, Collier County, Florida. This property consists of 1.64 acres and is located in Golden Gate Estates. 4 April 22, 2003 ge Resolution 2003-157-Adopted-5/0 ADVERTISED PUBLIC HEARINGS e Ae This item to be heard at 1:00 p.m. An ordinance amending Section 130-3 of the Collier County Code of Laws and Ordinances, also cited as Ordinance No. 83-35 § 1, relating to restricting tracks weighing over 5 tons from using the left lane on multi-lane roadways, except for passing or preparing to make a left turn; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. Ordinance 2003-19 Adopted w/change-5/0 Be Board consideration of the adoption of an ordinance creating the Naples Park Area Underground Power Line Municipal Services Taxing Unit; providing the authority; providing for the creation of the Municipal Services Taxing Unit; providing a purpose and governing body; providing for annual estimates of expenses; providing for ad valorem taxes; providing for the collection of taxes; providing for the duties of the County Manager; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. Ordinance 2003-17 Adopted-5/0 Ce Adopt the Collier County Industrial Pretreatment Ordinance including general discharge prohibitions of industrial waste; maximum concentrations allowed; use of interceptors (grease traps); and, service charges and fees. Ordinance 2003-18 - Adopted-4/0 (Commissioner Fiala out) BOARD OF COUNTY COMMISSIONERS Ae Ce Appointment of members to the Educational Facilities Authority. Resolution 2003-158 re-appointing Barbara Minch Rosenberg- Adopted-4/0 (Commissioner Fiala out) Appointment of member to the Collier County Health Facilities Authority. Resolution 2003-159 appointing Dr. Joan Colfer - Adopted-4/0 (Commissioner Fiala out) Appointment of members to the Housing Finance Authority. Resolution 2003-160 re-appointing Gary D. Lind and appointing Suzanne Bradach - Adopted-4/0 (Commissioner Fiala out) 5 April 22, 2003 te Ge Appointment of members to the Industrial Development Authority. Resolution 2003-161 re-appointing Barbara Minch Rosenberg and John R. Humphrey - Adopted-4/0 (Commissioner Fiala out) Appointment of members to the Water and Wastewater Authority. Resolution 2003-162 appointing Dr. Fay R. Biles and W.J. "Jack" Markel - Adopted-4/0 (Commissioner Fiala out) Appointment of member to the Pelican Bay MSTBU Advisory Committee. Resolution 2003- 163 appointing Donald Spanier to a 4 year term Adopted-4/0 (Commissioner Fiala out) Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board by the Board of County Commissioners and the CRA. Resolution 2003-164 re-appointing Bill L. Neal, Sharon King and Ronald Fowle to serve 2 year terms; and appointing Bruce Babbitt to serve the remainder of a vacant term expiring on May 22, 2004 - Adopted-5/0; additional position to be re-advertised and letter to be sent to Peter VanArsdale to take active part in committee as a private citizen. lie Jo A Resolution of the Board of County Commissioners to extend the term of the Community Character/Smart Growth Advisory Committee. Resolution 2003-165 extending the term for one year, to expire on June 26, 2004 - Adopted-5/0 Discussion on employees and Commissioners Ethics Ordinance. (Commissioner Henning) County Manager to incorporate memo into employee's paychecks regarding gifts; Ordinance to be amended. This item to be heard at 1:15 p.m. Request the Board reconsider prior Board direction to staff to fabricate and install signs requesting trucks not to use engine brakes in and near residential areas. (Commissioner Halas) Motion to not post brake signs and for Chairman to write letter to law enforcement agencies as well as Jacobsen Brake Company to work with trucking facilities to help enforce safe and proper equipment- Approved-3/2 (Commissioners Coletta and Fiala opposed). 6 April 22, 2003 10. COUNTY MANAGER'S REPORT Ao Request by Melanie and Tim Beebe for waiver of variance petition fees for property located at 245 22nd Avenue NE, further described as Golden Gate Estates, Unit 23 East 180', Tract 50, in Section 27, Township 48 south, Range 27 east, Collier County, Florida. (Joseph K. Schmitt, Administrator, Community Development) Petitioner to pay $1000.00 fee for variance- Approved-4/1 (Commissioner Coletta opposed) Be Approve a work plan proposed by the Black Affairs Advisory Board. Dunnuck, Administrator, Public Services) Approved-5/0 (John Ce Approve a Collier County landscape beautification master plan and funding; approve a level of landscape beautification for medians, retention ponds, and interchanges; adopt the Collier County Landscape Beautification Master Plan as policy for arterial and collector roadways. (Norman Feder, Administrator, Transportation Services) Motion to accept Type B and C1 Master Landscaping Plan- Approved 5/O De Item continued from the April 8, 2003 BCC Meeting. Approve a Supplemental TDC Category "A" grant application, budget amendment and tourism agreement amendment for Lowdermilk Park Renovation, in the total amount of $150,000. (John Dunnuck, Administrator, Public Services) Approved-4/0 (Commissioner Coyle out) Ee Adopt resolution opposing proposed Senate Bill No. 654 and House PCB BR 03-06 which have the potential to allow telephone companies unconscionable, unjustified rate increases and prohibits local governments authority to enforce cable franchise agreements with regard to services and quality of service related to broadband or information services. (Joseph K. Schmitt, Administrator, Community Development) Resolution 2003-166 Adopted-5/0 Moved from Item #16A7 F. Recommendation to approve Commercial Excavation Permit No. 59.856/AR-3916 "Creative Homes Commercial Excavation", located in 7 April 22, 2003 Section 21, Township 48 south, Range 28 east; bounded on the south by 31st Avenue NE right-of-way, on the west, north, and east by vacant estates zoning. Approved with stipulations-5/0 Moved from Item #16E3 G. Award RFP 03-3444, Janitorial Services Contract in the estimated annual amount of $1,251,800 and approve a budget amendment in the amount of $222,800 to the operating budget to cover the increase costs associated with the new contract. Current contract extended until new contract is awarded - Approved- 5/O Moved from Item #16D5 H. Address wage and retention issues within Emergency Medical Services. (Commissioner Coyle request) Approved-5/0 Moved from Item #16A9 I. Approve a TDC Category "A" Grant Application and Budget Amendment in the amount of $16,000 for installation of gates at South Marco Beach Access Parking Area. Approved-5/0; Staff to look at extending hours of beach access and bring back. 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. Ae Recommendation that the Board of County Commissioners approve a settlement of all issues concerning payment that have arisen between and among Collier County, the Clerk of Circuit Court and Kraft Construction Co., Inc. in connection with the construction of the North Naples Library. Approved-5/0 OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 8 April 22, 2003 Ae Closed Session to be held May 13, 2003, regarding lawsuit of Terracina L.L.C. vs. Collier County. Discussion regarding Code Enforcement issues on Bonita Beach Road Policy regarding Summer Dress code rescinded. Resolution 2003- 167 regarding not lifting the tariff on imported citrus juice - Adopted-5/0. 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) Approve 2003 Tourism Agreement with the City of Naples for Tourist Development Special Event Grant, regarding the 2003 City of Naples Fourth of July Celebration, in the amount of $50,000. Approval of proposed payment of nuisance abatement principal only for Resolution No's: 90-550, 91-406; 94-252; and 94-198 styled Board of County Commissioners Collier County, Florida vs. Elizabeth Chambers. 3) 4) 5) Approval of tri-party agreements for Sawgrass Pines and Saddlebrook Village Apartments. Code Enforcement lien resolution approvals. Resolutions 2003-144 through 2003-148 Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Four, Phase One". Resolution 2003-149 9 April 22, 2003 6) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Four, Phase Two". Resolution 2003-150 Moved to Item #10F 7) Recommendation to approve Commercial Excavation Permit No. 59.856/AR- 3916 "Creative Homes Commercial Excavation", located in Section 21, Township 48 south, Range 28 east; bounded on the south by 31 st Avenue NE right-of-way, on the west, north, and east by vacant estates zoning. 8) Request to authorize the Chairman to execute a construction, maintenance and escrow agreement for Summit Place, Phase I. Between Waterways Joint Venture IV, Wachovia Bank National Association and the Board of County Commissioners Moved to Item #10I 9) Approve a TDC Category "A" Grant Application and Budget Amendment in the amount of $16,000 for installation of gates at South Marco Beach Access Parking Area. lO) To approve a budget amendment of $249,000 for the expenditure of funds from Fund 186-Immokalee Redevelopment, for projects within the Immokalee Redevelopment Area. 11) Companion Item to 17F: Approve FY03-04 (July 1, 2003 to June 30, 2004) Community Development Block Grant (CDBG) Program and Home Investment Partnerships Program (HOME) budgets and authorize FAH Department to hire one additional staff member to implement and administer the CDBG and HOME Programs. 12) This item continued from the April 8, 2003 BCC Meeting. Recommendation that thc Board approve $206,000 in additional funding to augment current appropriations for consulting and legal services from Carlton Fields under the existing continuing services contract for contingent growth management services in support of thc Checkbook Concurrency LDC and GMP Amendments, Traffic Impact Vesting Process, Defense of Challenges to thc Notice of Intent by DCA to find thc Rural Fringe Amendments in compliance, and thc 10 April 22, 2003 Work Program for development of LDC to implement the Final Order Amendments to the GMP. B. TRANSPORTATION SERVICES 1) Approval of a resolution of the Collier County Board of County Commissioners requesting continual regional coordination efforts between the Collier County MPO and the Lee County MPO. Resolution 2003-151 2) Approve Change Order No. 4 in the amount of $10,152.75 to Better Roads, Inc., for the Livingston Road Project, Phase III, from Pine Ridge Road to Immokalee Road, Project No. 62071. 3) Approve a budget amendment to transfer funds from the Urban Irnmokalee Basin Stormwater Master Plan Project (51013) to the Fifth Street Ditch Enclosure Project (51725) in the amount of $190,000. 4) Approve award of a construction contract to the lowest bidder, Better Roads, Inc. for the Transfer Road Improvements Project No. 69110 Bid No. 03-3453, in the amount of $580,945.70. 5) Approve a budget amendment in the amount of $50,000 to establish a reserve fund in the MSTD Landscape Project Fund 112. 6) That the Board approve the Vehicle Lease Agreement between the Collier County Board of County Commissioners and ATC Paratransit and authorize the Chairman to enter into the agreement. ATC Paratransit to reimburse the County for any maintenance and fuel costs 7) Approve Change Order No. 4 in the amount of $22,751.76 to Ajax Paving Industries Inc. for the Goodlette Frank Road Project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. 8) Approval of work order under Contract #00-3184, for the construction engineering and inspections services by HDR Construction Control Corporation, for Lakeland Avenue Bridge and Roadway Construction, Project No. 66042, in the amount of $147,277. 11 April 22, 2003 9) Recommendation to approve the purchase of one (1) single engine street sweeper truck, per Bid #03-3485. To Environmental Products of FL. Corp., in the amount of $156,447 Continued to May 13, 2003 10) This item continued from the April 8, 2003 BCC Meeting. Recommendation that the Board of County Commissioners conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an Indemnification Agreement; and accept provision of cash escrow. All matters pertain to the land acquisition and construction of a roadway on the property accepted by the County for construction by private parties of Whippoorwill Lane. With Pulte Home Corporation and PR IV, a FL Limited Liability Company 11) Approve a change order with Better Roads Inc., for median modifications on Davis Boulevard in the amount of $16,740 from Project 60016. Change Order #1 12) Approve Bid #03-3490, "Vineyards/Pine Ridge Road Median Irrigation Installation and Award to Hannula Irrigation Inc." in the amount of $68,111.41. C. PUBLIC UTILITIES 1) 2) 3) Ratify the award of a work order to Mitchell and Stark Construction Company, Inc., for acid feed pump modifications at the North County Regional Water Treatment Plant, Project 70057, in the amount of $65,374. Approve Change Order 2 to Douglas N. Higgins Inc., for Port-Au- Prince Utility Replacement, Project 73060 and 70074, Contract 02- 3367, in the amount of $3,000. And ratify Change Order #1 Approve a work order, under Contract #01-3271, fixed term professional engineering services for Coastal Zone Management Projects, with Coastal Planning and Engineering Inc., for the annual 12 April 22, 2003 monitoring of County/Naples beaches, Project 90004, in the amount of $93,825. 4) Approve budget amendments for the re-appropriation of funds within the water and wastewater impact and user fee projects. s) Approve amendment to Professional Services Agreement with Water Resource Solutions related to aquifer storage and recovery of reclaimed water, RFP 99-2926, Project 74030, in the amount of $550,222. Amendment//3 6) Approve a change order for an additional $9,750 in consulting fees to Public Resources Management Group (PRMG) for a Project Feasibility Report for refunding Utility System Revenue Refunding Bonds, Series 1994 with Series 2003 Bonds. D. PUBLIC SERVICES Withdrawn 1) 2) Authorize termination for convenience of secondary concession location at Naples Branch Library under Contract No. 02-3334 "Library Coffee Bar Concession Agreement", with Paradise Consultants, Inc. Adopt a resolution appointing officers to the Collier County Agricultural Fair and Exposition, Inc. Board of Directors for 2003- 2004. 3) Approve budget amendment of $150,000 from General Fund Reserves to pay for expenditures incurred and anticipated as required by the Health Care Responsibility Act (HCRA). 4) Approve an agreement with Turbomecca Engine Corporation for helicopter maintenance in the estimated amount of $386,000 over a period of three (3) years. For Emergency Medical Services Moved to Item #10H 5) Address wage and retention issues within Emergency Medical Services. 13 April 22, 2003 6) Approve a Resolution naming the Nature Trail at Barefoot Beach Preserve the Alice and Harold Saylor Nature Trail. Resolution 2003-152 E. ADMINISTRATIVE SERVICES 1) Approval to award Bid No. 03-3474 for the purchase of plumbing parts and supplies used in County repairs and maintenance estimating $57,000. To Plumbmaster Professional Group, Hughes Supply, Ferguson Enterprises and Best Plumbing Continued to May 13, 2003 2) Recommendation to award Bid No. 03-3468, pump and motor repair for County-wide maintenance of equipment to Naples Armature as primary and Horvath Electric as secondary in the estimated amount of $300,000. Moved to Item #10G 3) Award RFP 03-3444, Janitorial Services Contract in the estimated annual amount of $1,251,800 and approve a budget amendment in the amount of $222,800 to the operating budget to cover the increase costs associated with the new contract. 4) Recommendation to award Bid No. 03-3487, Supervisor of Elections Building (C2) renovations to Surety Construction Company in the amount of $605,182 and approve a budget amendment in the amount of $163,536 to finish the Supervisor of Elections move along with the Clerk of Courts 5th and 6th floor renovations. 5) 6) Approval of a first amendment to lease agreement with Congressman Porter Goss to extend his office space lease for two additional years at total revenue of $20.00. Located on the second floor of the W. Harmon Turner Building Recommendation to approve and implement a procedure for reporting and ratifying staff-approved change orders to Board-approved contracts. 14 April 22, 2003 7) Approve Change Order No. 5, Contract #00-3070, design of the Development Services Building Addition and Parking Garage, to Barany Schmitt Summers Weaver and Parmers, Inc., in the amount of $9,000. 8) Approve surplus of a 1996 Freightliner Medic Master Ambulance and donation to the City of Naples. To be used by the City of Naples Police Department for use in their SWAT operations COUNTY MANAGER Ge 1) Approval of Budget Amendment Report-budget amendment #03-253 for $500 to pay for outstanding electric bills and for the remainder of the fiscal year. #03-253 for $500 and #03-254 for $15,320 2) Approve Hold Harmless and Indemnification Agreement from Montelena Developers Inc., and the Montelena Condominium Association for the benefit of Collier County and for any claims resulting from the construction and use of an electronic gated entry by Montelena Developers Inc. AIRPORT AUTHORITY He 1) Approve a budget amendment for $50,600 to complete the Immokalee Industrial Park Improvement Project 33327. At the Immokalee Regional Airport BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE Je 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose 15 April 22, 2003 and authorize the expenditure of County funds to satisfy said purchases. 2) Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Anti-Drug Abuse Act Formula Grant Program. As contained in the Executive Summary K. COUNTY ATTORNEY 1) Approve the mediated settlement agreement and a stipulated final judgment to be drafted incorporating the same terms and conditions as the mediated settlement agreement relative to the acquisition of parcels 102A, 102B, 102C and 103 in the lawsuit styled Collier County v. 520 Fifth Avenue Company LP, et al., Case No. 02-1766- CA (Livingston Road, Project No. 62071). As contained in the Executive Summary 2) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 177 in the Lawsuit styled Collier County v. Big Corkscrew Fire District, et al, Case No. 02-2218-CA (Immokalee Road Project #60018). $12,900 to be deposited into the Registry of the Court 3) Request for the Board of County Commissioners to authorize Cinco de Mayo Annual Festival to be held at the Immokalee Airport, including sale of alcohol and waive the sixty-day application period. To be held on May 3, 2003 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN 16 April 22, 2003 OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Ae This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. SE-03-AR-3928, an Ordinance amending Ordinance 02-47, the ASGM Business Center of Naples PUD to correct a Scrivener's Error resulting from the unintentional omission of the conceptual PUD Master Plan in the transmittal copy of the adopted PUD to the Department of State for the property located on the east side of Collier Boulevard (CR 951) in Section 10, Township 51 south, Range 26 east, Collier County, Florida. Ordinance 2003-15 Be This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. CU-2002-AR-2866 Mario Valle of Creative Homes, requesting a conditional use in the "E" Estates Zoning District per LDC Section 2.2.3.3.7, to allow a lake excavation on 5.0 acres located at 4225 31 st Avenue NE and 4235 31 st Avenue NE, further described as Tract 73, Golden Gate Estates Unit 67, in Section 21, Township 48 south, Range 28 east, Collier County, Florida. Resolution 2003-153 Ce This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. VA-2002-AR-3191, Dawn Winters, requesting a variance from the required setbacks for the front yard and both side yards for property located at 112 Moon Bay Street, further described as Lot 112, Port-Au-Prince subdivision, in Section 15, Township 51 south, Range 26 east, Collier County, Florida. Resolution 2003-154 De This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. Petition AVPLAT2003-AR3774 to disclaim, renounce and vacate the County's and the Public's interest in two portions oft he drainage easement located in Tract "A", according to the plat of"Carillon" as recorded in Plat Book 21, Pages 59 through 61, Public Records of Collier County, Florida, and to accept two relocation drainage easements within said Tract "A", located in Section 13, Township 49 south, Range 25 east. 17 April 22, 2003 Resolution 2003-155 This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. RZ-2002-AR-3539 Vincent A. Cautero, AICP, of Coastal Engineering Consultants Inc., representing Habitat for Humanity of Collier County, Inc., requests a rezone from "A" Rural Agricultural Zoning District to "RSF-5(3)" Residential Single-Family Zoning District to allow a maximum of 31 lots to be developed as a residential subdivision with some percentage to be set aside for affordable housing units. This property consists of 10.3+ acres; this area may be added to a 26.4-acre subdivision that was approved for a maximum of 79 single-family home sites that is located immediately to the north. The subject property is located at 10401 and 10407 Greenway Road, in Section 12, Township 51 south, Range 26 east, Collier County, Florida. Ordinance 2003-16 Fe Companion Item to 16 (A) 11: A resolution by the Board of County Commissioners of Collier County, Florida, approving the Fiscal Year 2003- 2004 Collier County Consolidated Plan One-Year Action Plan, for Community Development Block Grants (CDBG) and Home Investment Parmerships (HOME) Program, authorizing necessary certifications, approving execution of CDBG Sub-Recipient Agreements by CDES Division Administrator, authorizing submission to the United States Department of Housing and Urban Development, and providing for an effective date. Resolution 2003-156 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 18 April 22, 2003